How to deal with insider trading fines

1、 How to deal with insider trading fines

For illegal acts involving insider trading, the legal measures mainly include five aspects:

1. Give warning;

2. Impose a fine;

3、 Confiscation of illegal income ；

4. Require relevant personnel to dispose of illegally held securities according to law;

And 5. If the circumstances are serious, the criminal responsibility shall be investigated according to law.

Insider trading actually violates the three basic rules of openness, fairness and justice, and directly damages the rights of investors to enjoy equal access to information and equal property rights.

Insider trading in the securities market, such as Illegal income If the amount exceeds 30000 yuan, a fine of not less than one time but not more than five times the illegal income shall be imposed;

On the contrary, if there is no illegal income or the illegal income is less than 30000 yuan, a fine of 30000 yuan to 600000 yuan will be imposed.

The People's Republic of China Securities Law 》Article 202

In violation of the provisions of Article 118 and the first and fourth paragraphs of Article 120 of this law, the securities firm was established without authorization Illegal operation Those who engage in securities business or conduct securities business activities in the name of securities companies without approval shall be ordered to make corrections, their illegal income shall be confiscated, and a fine of not less than one time but not more than ten times the illegal income shall be imposed; If there are no illegal gains or the illegal gains are less than one million yuan, a fine of not less than one million yuan but not more than ten million yuan shall be imposed. To the directly responsible person in charge and other directly responsible persons warning And a fine of not less than 200000 yuan but not more than 2 million yuan.

2、 How to punish the crime of insider trading

Those guilty of insider trading will face up to five years fixed-term imprisonment perhaps criminal detention , and shall also bear a fine, which is more than one time but less than five times of the illegal income;

If the situation is especially serious, they may be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and they also have to pay not less than one time but not more than five times the illegal income fine 。

If there is insider trading at the company level, in addition to receiving the corresponding penalty, it must also appeal to its shareholders, directors and other relevant authorities to investigate their respective legal responsibilities.

The persons directly responsible in such cases, namely the company and its responsible persons, will face the punishment of imprisonment or criminal detention of not more than five years.

《 criminal law 》Article 180

The insider of securities and futures trading or the person who illegally obtains the insider information of securities and futures trading, when the issuance of securities is involved;

To buy or sell the securities or engage in futures trading related to the insider information before the securities and futures trading or other information that has a significant impact on the prices of securities and futures trading has been disclosed; Or divulge the information, or express or imply that another person is engaged in the above trading activities, if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal gains;

If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than one time but not more than five times the illegal gains.

Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

The scope of inside information and insiders shall be in accordance with laws and administrative regulations statute Is determined.

In our daily life, law is an invisible constraint, which not only protects our rights and interests, but also regulates our behavior. Whether at work or in life, we need to fully understand and understand the law in order to better protect our rights and interests. Although the law may seem complex and profound, as long as we are willing to spend time to study and understand it, we can master its basic principles and applications. As the title of this article puts forward, "How to deal with insider trading fines", each article is an opportunity to learn and understand the law. We should seize these opportunities to constantly improve our legal literacy in order to better adapt to social development and change.